RADHEY SHYAM Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By way of the present petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of the FIR bearing No. 421/2016 dtd. 10/9/2016 registered for offence under Ss. 406/498A of the Indian Penal Code, 1860 at Police Station Bharat Nagar, and all consequential proceedings arising therefrom.

(2.) The present matter arises out of a matrimonial dispute, wherein petitioner no.1 is the husband of respondent no.2. Owing to certain differences, the petitioner no. 1 and respondent no. 2 began residing separately with effect from 13/3/2015. Though efforts were undertaken to amicably resolve the issues and arrive at a settlement between the parties, the same proved unsuccessful due to persisting disagreements. Consequently, respondent no.2 proceeded to file a complaint against the petitioners herein, pursuant to which the said FIRcame to be registered.

(3.) Further, respondent no.2 has instituted a petition under Sec. 125 of the Code of Criminal Procedure seeking grant of maintenance from petitioner no.1, which has been registered as Mt. Case No. 359/2018 before the learned Principal Judge, Family Court, District North-West, Rohini Courts, Delhi. Thereafter, the respondent no.2 has also filed an execution petition for the order of interim maintenance as awarded by the learned Family Court.